Holly Hunt Enterprises v. Zeremski - Complaint

Case 2:18-cv-08218 Document 1 Filed 09/21/18 Page 1 of 82 Page ID #:1
1 Paul A. Stewart (SBN 153,467)

paul.stewart@knobbe.com
2 Ali S. Razai (SBN 246,922)
ali.razai@knobbe.com
3 Clayton R. Henson (SBN 312,375)
clayton.henson@knobbe.com
4 KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
5 Irvine, CA 92614
Telephone: (949) 760-0404
6 Facsimile: (949) 760-9502
7 Attorneys for Plaintiff
HOLLY HUNT ENTERPRISES, INC.
8
9
10 IN THE UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
13 HOLLY HUNT ENTERPRISES, ) Civil Action No. 2:18-cv-8218
)
INC., an Illinois corporation,
14 )
Plaintiff, )
15 ) COMPLAINT FOR PATENT
) INFRINGEMENT, TRADE DRESS
16 v. ) INFRINGEMENT, FALSE
) DESIGNATION OF ORIGIN,
17 NEVEN ZEREMSKI d/b/a OLIVYA )
STONE d/b/a OLIVYASTONE.COM, ) FALSE ADVERTISING, AND
an individual, ) UNFAIR COMPETITION
18
) DEMAND FOR JURY TRIAL
19 Defendant. )
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1 Plaintiff Holly Hunt Enterprises, Inc. (“HH”) hereby complains of Neven

2 Zeremski d/b/a Olivya Stone d/b/a olivyastone.com (“Defendant”) and alleges
3 as follows:
4 JURISDICTION AND VENUE
5 1. This Court has original subject matter jurisdiction over the claims
6 in this action that relate to patent infringement, trade dress infringement, false
7 designation of origin, false advertising, and federal unfair competition pursuant
8 to 35 U.S.C. §§ 271 and 281, 28 U.S.C. §§ 1331 and 1338, and 15 U.S.C.
9 §§ 1116(a), 1121(a), and 1125(a), as these claims arise under the laws of the
10 United States. The Court has supplemental jurisdiction over the claims in this
11 Complaint which arise under state statutory and common law pursuant to 28
12 U.S.C. § 1367(a) because the state law claims are so related to the federal claims
13 that they form part of the same case or controversy and derive from a common
14 nucleus of operative facts.
15 2. This Court has personal jurisdiction over Defendant because
16 Defendant has a continuous, systematic, and substantial presence within this
17 judicial district. For example, Defendant has been selling and offering for sale
18 infringing products in this judicial district, including but not limited to selling
19 infringing products directly to consumers and/or retailers in this district and
20 selling products into the stream of commerce knowing such products would be
21 sold in California and this district. These acts form a substantial part of the
22 events or omissions giving rise to HH’s claims.
23 3. HH is informed and believes and based thereon alleges that venue
24 is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (d), and
25 1400(b) because Defendant resides in this judicial district, has a principal place
26 of business located within this district, and because Defendant has committed
27 acts of infringement by selling and offering to sell infringing products in this
28 district.
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1 THE PARTIES
2 4. Plaintiff HH is a corporation organized and existing under the laws
3 of the State of Illinois, having its principal place of business at 801 West Adams
4 Street, Suite 700, Chicago, Illinois 60607.
5 5. HH is informed and believes, and thereon alleges, that Defendant
6 Neven Zeremski d/b/a OLIVYA STONE d/b/a olivyastone.com is an individual
7 who resides in this judicial district.
8 GENERAL ALLEGATIONS
9 6. HH has pioneered a variety of innovations in luxury home
10 furnishings, and is a leader in the design and production of custom made
11 products, including indoor and outdoor furniture, lighting, rugs, textiles, and
12 leathers.
13 7. HH has been actively engaged in the manufacture and sale of high
14 quality furniture since at least 1983. HH is the manufacturer and retailer of
15 several lines of furniture that have enjoyed substantial success and are protected
16 by various intellectual property rights owned by HH.
17 8. On November 22, 2016, the United States Patent and Trademark
18 Office (“USPTO”) duly and lawfully issued United States Design Patent No.
19 D772,472 (“the D772 Patent”), titled “Table Lamp.” HH is the owner by
20 assignment of all right, title, and interest in the D772 Patent. A true and correct
21 copy of the D772 Patent is attached hereto as Exhibit 1.
22 9. On February 28, 2017, the USPTO duly and lawfully issued United
23 States Design Patent No. D779,861 (“the D861 Patent”), titled “Side Table.”
24 HH is the owner by assignment of all right, title, and interest in the D861 Patent.
25 A true and correct copy of the D861 Patent is attached hereto as Exhibit 2.
26 10. On June 13, 2017, the USPTO duly and lawfully issued United
27 States Design Patent No. D789,130 (“the D130 Patent”), titled “Chair.” HH is
28 the owner by assignment of all right, title, and interest in the D130 Patent. A
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1 true and correct copy of the D130 Patent is attached hereto as Exhibit 3.
2 11. On June 20, 2017, the USPTO duly and lawfully issued United
3 States Design Patent No. D789,713 (“the D713 Patent”), titled “Side Table.”
6 12. On December 26, 2017, the USPTO duly and lawfully issued
7 United States Design Patent No. D805,824 (“the D824 Patent”), titled “Chair.”
10 13. Defendant manufactures, uses, sells, offers for sale, and/or imports
11 into the United States products that infringe HH’s patent rights, including each
12 of the D472, D861, D130, D713, and D824 Patents (collectively, the “Asserted
13 Patents”). Defendant personally undertook and directed each of these acts.
14 14. HH manufactures and sells products under the name Ring Dining
15 Table that bear a distinctive trade dress in the overall design (“RING Trade
16 Dress”). An example of an HH product bearing the distinctive RING Trade
17 Dress is shown below:
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24 15. HH manufactures and sells products under the name Spit Dining
25 Table that bear a distinctive trade dress in the overall design (“SPLIT Trade
26 Dress”). An example of an HH product bearing the distinctive SPLIT Trade
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6 16. HH manufactures and sells products under the name Peregrine
7 Dining table that bear a distinctive trade dress in the overall design
8 (“PEREGRINE Trade Dress”). An example of an HH product bearing the
9 distinctive PEREGRINE Trade Dress is shown below:
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15 17. HH manufactures and sells products under the name Capri Lounge
16 Chair that bear a distinctive trade dress in the overall design (“CAPRI Trade
17 Dress”). An example of an HH product bearing the distinctive CAPRI Trade
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24 18. HH manufactures and sells products under the name Flea Lounge
25 Chair that bear a distinctive trade dress in the overall design (“FLEA Trade
26 Dress”). An example of an HH product bearing the distinctive FLEA Trade
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7 19. HH manufactures and sells products under the name New Linden
8 Lounge Chair that bear a distinctive trade dress in the overall design (“NEW
9 LINDEN Trade Dress”). An example of an HH product bearing the distinctive
10 NEW LINDEN Trade Dress is shown below:
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17 20. HH manufactures and sells products under the name Harlow
18 Lounge Chair that bear a distinctive trade dress in the overall design
19 (“HARLOW Trade Dress”). An example of an HH product bearing the
20 distinctive HARLOW Trade Dress is shown below:
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27 21. HH manufactures and sells products under the name Gazelle
28 Cocktail Table that bear a distinctive trade dress in the overall design
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1 (“GAZELLE Trade Dress”). An example of an HH product bearing the

2 distinctive GAZELLE Trade Dress is shown below:
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8 22. HH manufactures and sells products under the name Laredo
10 (“LAREDO Trade Dress”). An example of an HH product bearing the
11 distinctive LAREDO Trade Dress is shown below:
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17 23. HH manufactures and sells products under the name Ingot Cocktail
18 Table that bear a distinctive trade dress in the overall design (“INGOT Trade
19 Dress”). An example of an HH product bearing the distinctive INGOT Trade
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25 24. HH manufactures and sells products under the name Spectacles
26 Table that bear a distinctive trade dress in the overall design (“SPECTACLES
27 Trade Dress”). An example of an HH product bearing the distinctive
28 SPECTACLES Trade Dress is shown below:
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7 25. HH manufactures and sells products under the name Branche Table
8 that bear a distinctive trade dress in the overall design (“BRANCHE Trade
9 Dress”). An example of an HH product bearing the distinctive BRANCHE
10 Trade Dress is shown below:
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17 26. HH manufactures and sells products under the name Chloe Drink
18 Table that bear a distinctive trade dress in the overall design (“CHLOE Trade
19 Dress”). An example of an HH product bearing the distinctive CHLOE Trade
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25 27. HH manufactures and sells products under the name Highline
26 Drink Table that bear a distinctive trade dress in the overall design
27 (“HIGHLINE Trade Dress”). Examples of HH products bearing the distinctive
28 HIGHLINE Trade Dress are shown below:
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7 28. HH manufactures and sells products under the name Portia Side
8 Table that bear a distinctive trade dress in the overall design (“PORTIA Trade
9 Dress”). An example of an HH product bearing the distinctive PORTIA Trade
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16 29. HH manufactures and sells products under the name Little Bittern
17 Drink Table that bear a distinctive trade dress in the overall design (“LITTLE
18 BITTERN Trade Dress”). An example of an HH product bearing the distinctive
19 LITTLE BITTERN Trade Dress is shown below:
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1 30. HH manufactures and sells products under the name Wyeth

2 Bedside Table that bear a distinctive trade dress in the overall design (“WYETH
3 Trade Dress”). An example of an HH product bearing the distinctive WYETH
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12 31. HH manufactures and sells products under the name ONE
13 Nightstand that bear a distinctive trade dress in the overall design (“ONE Trade
14 Dress”). An example of an HH product bearing the distinctive ONE Trade
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23 32. HH manufactures and sells products under the name Fortis
24 Nightstand that bear a distinctive trade dress in the overall design (“FORTIS
25 Trade Dress”). An example of an HH product bearing the distinctive FORTIS
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7 33. HH manufactures and sells products under the name Oslo Bedside
8 Table that bear a distinctive trade dress in the overall design (“OSLO TABLE
9 Trade Dress”). An example of an HH product bearing the distinctive OSLO
10 TABLE Trade Dress is shown below:
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16 34. HH manufactures and sells products under the name Spencer
17 Nightstand that bear a distinctive trade dress in the overall design (“SPENCER
19 SPENCER Trade Dress is shown below:
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27 35. HH manufactures and sells products under the name Pyrite Side
28 Table that bear a distinctive trade dress in the overall design (“PYRITE Trade
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1 Dress”). An example of an HH product bearing the distinctive PYRITE Trade

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8 36. HH manufactures and sells products under the name Plankton
9 Rectangular Side Table that bear a distinctive trade dress in the overall design
10 (“PLANKTON Trade Dress”). An example of an HH product bearing the
11 distinctive PLANKTON Trade Dress is shown below:
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18 37. HH manufactures and sells products under the name Sofie Side
19 Table that bear a distinctive trade dress in the overall design (“SOFIE Trade
20 Dress”). An example of an HH product bearing the distinctive SOFIE Trade
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27 38. HH manufactures and sells products under the name Goblet Table
28 that bear a distinctive trade dress in the overall design (“GOBLET Trade
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1 Dress”). An example of an HH product bearing the distinctive GOBLET Trade

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9 39. HH manufactures and sells products under the name Bell Pepper
10 Side Table that bear a distinctive trade dress in the overall design (“BELL
11 PEPPER Trade Dress”). An example of an HH product bearing the distinctive
12 BELL PEPPER Trade Dress is shown below:
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19 40. HH manufactures and sells products under the name Absinthe Side
20 Table that bear a distinctive trade dress in the overall design (“ABSINTHE
22 ABSINTHE Trade Dress is shown below:
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1 41. HH manufactures and sells products under the name XY Bench

2 that bear a distinctive trade dress in the overall design (“XY Trade Dress”). An
3 example of an HH product bearing the distinctive XY Trade Dress is shown
4 below:
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10 42. HH manufactures and sells products under the name Harlow Bench
11 that bear a distinctive trade dress in the overall design (“HARLOW Trade
12 Dress”). An example of an HH product bearing the distinctive HARLOW Trade
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19 43. HH manufactures and sells products under the name Bell Pepper
20 Table Lamp that bear a distinctive trade dress in the overall design (“BELL
21 PEPPER LAMP Trade Dress”). An example of an HH product bearing the
22 distinctive BELL PEPPER LAMP Trade Dress is shown below:
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1 44. HH manufactures and sells products under the name Ingot Table
2 Lamp that bear a distinctive trade dress in the overall design (“INGOT LAMP
3 Trade Dress”). An example of an HH product bearing the distinctive INGOT
4 LAMP Trade Dress is shown below:
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10 45. HH manufactures and sells products under the name Hadrien Chair
11 that bear a distinctive trade dress in the overall design (“HADRIEN CHAIR
12 Trade Dress”). Examples of HH products bearing the distinctive HADRIEN
13 CHAIR Trade Dress are shown below:
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20 46. HH manufactures and sells products under the name Reve Chair
21 that bear a distinctive trade dress in the overall design (“REVE CHAIR Trade
22 Dress”). Examples of HH products bearing the distinctive REVE CHAIR Trade
23 Dress are shown below:
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1 47. HH manufactures and sells products under the name Shadow that
2 bear a distinctive trade dress in the overall design (“SHADOW Trade Dress”).
3 Examples of HH products bearing the distinctive SHADOW Trade Dress are
4 shown below:
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11 48. HH manufactures and sells products under the name Jett that bear a
12 distinctive trade dress in the overall design (“JETT Trade Dress”). An example
13 of an HH product bearing the distinctive JETT Trade Dress is shown below:
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19 49. HH manufactures and sells products under the name Stilt Coupe
20 that bear a distinctive trade dress in the overall design (“STILT COUPE Trade
21 Dress”). An example of an HH product bearing the distinctive STILT COUPE
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27 50. HH manufactures and sells products under the name Cachalot that
28 bear a distinctive trade dress in the overall design (“CACHALOT Trade
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1 Dress”). An example of an HH product bearing the distinctive CACHALOT

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7 51. HH manufactures and sells products under the name Rue De Seine
8 that bear a distinctive trade dress in the overall design (“RUE DE SEINE Trade
9 Dress”). Examples of HH products bearing the distinctive RU DE SEINE Trade
10 Dress are shown below:
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20 52. HH manufactures and sells products under the name Lugano that
21 bear a distinctive trade dress in the overall design (“LUGANO Trade Dress”).
22 An example of an HH product bearing the distinctive LUGANO Trade Dress is
23 shown below:
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27 53. HH manufactures and sells products under the name Maje that bear
28 a distinctive trade dress in the overall design (“MAJE Trade Dress”). An
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1 example of an HH product bearing the distinctive MAJE Trade Dress is shown

2 below:
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6 54. HH manufactures and sells products under the name Gunsight that
7 bear a distinctive trade dress in the overall design (“GUNSIGHT Trade Dress”).
8 An example of an HH product bearing the distinctive GUNSIGHT Trade Dress
9 is shown below:
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14 55. HH manufactures and sells products under the name Trice that bear
15 a distinctive trade dress in the overall design (“TRICE Trade Dress”). Examples
16 of HH products bearing the distinctive TRICE Trade Dress are shown below:
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21 56. HH manufactures and sells products under the name Etoille that
22 bear a distinctive trade dress in the overall design (“ETOILLE Trade Dress”).
23 An example of an HH product bearing the distinctive ETOILLE Trade Dress is
24 shown below:
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1 57. HH manufactures and sells products under the name BRONZE that
2 bear a distinctive trade dress in the overall design (“BRONZE Trade Dress”).
3 Examples of HH products bearing the distinctive BRONZE Trade Dress are
4 shown below:
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9 58. HH manufactures and sells products under the name Brimstone that
10 bear a distinctive trade dress in the overall design (“BRIMSTONE Trade
11 Dress”). An example of an HH product bearing the distinctive BRIMSTONE
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18 59. HH manufactures and sells products under the name Hastings that
19 bear a distinctive trade dress in the overall design (“HASTINGS Trade Dress”).
20 An example of an HH product bearing the distinctive HASTINGS Trade Dress
21 is shown below:
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27 60. HH manufactures and sells products under the name Lusitania
28 Console that bear a distinctive trade dress in the overall design (“LUSITANIA
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1 CONSOLE Trade Dress”). An example of an HH product bearing the

2 distinctive LUSITANIA CONSOLE Trade Dress is shown below:
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8 61. HH manufactures and sells products under the name Wyenth that
9 bear a distinctive trade dress in the overall design (“WYENTH Trade Dress”).
10 An example of an HH product bearing the distinctive WYENTH Trade Dress is
11 shown below:
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16 62. HH manufactures and sells products under the name Channel that
17 bear a distinctive trade dress in the overall design (“CHANNEL Trade Dress”).
18 An example of an HH product bearing the distinctive CHANNEL Trade Dress
19 is shown below:
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23 63. HH manufactures and sells products under the name Oslo Credenza
24 that bear a distinctive trade dress in the overall design (“OSLO CREDENZA
26 CREDENZA Trade Dress is shown below:
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5 64. HH manufactures and sells products under the name Antidote that
6 bear a distinctive trade dress in the overall design (“ANTIDOTE Trade Dress”).
7 An example of an HH product bearing the distinctive ANTIDOTE Trade Dress
8 is shown below:
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14 65. HH manufactures and sells products under the name Borneo that
15 bear a distinctive trade dress in the overall design (“BORNEO Trade Dress”).
16 An example of an HH product bearing the distinctive BORNEO Trade Dress is
17 shown below:
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21 66. HH manufactures and sells products under the name Lieutenant
22 that bear a distinctive trade dress in the overall design (“LIEUTENANT Trade
23 Dress”). An example of an HH product bearing the distinctive LIEUTENANT
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7 67. HH manufactures and sells products under the name Oslo Cabinet
8 that bear a distinctive trade dress in the overall design (“OSLO CABINET
10 CABINET Trade Dress is shown below:
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16 68. HH manufactures and sells products under the name Javier that
17 bear a distinctive trade dress in the overall design (“JAVIER Trade Dress”). An
18 example of an HH product bearing the distinctive JAVIER Trade Dress is
19 shown below:
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23 69. HH manufactures and sells products under the name Avila that bear
24 a distinctive trade dress in the overall design (“AVILA Trade Dress”). An
25 example of an HH product bearing the distinctive AVILA Trade Dress is shown
26 below:
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7 70. HH manufactures and sells products under the name Huron that
8 bear a distinctive trade dress in the overall design (“HURON Trade Dress”). An
9 example of an HH product bearing the distinctive HURON Trade Dress is
10 shown below:
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16 71. HH manufactures and sells products under the name Lusitania
17 Cabinet that bear a distinctive trade dress in the overall design (“LUSITANIA
18 CABINET Trade Dress”). An example of an HH product bearing the distinctive
19 LUSITANIA CABINET Trade Dress is shown below:
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25 72. HH manufactures and sells products under the name Scribe that
26 bear a distinctive trade dress in the overall design (“SCRIBE Trade Dress”). An
27 example of an HH product bearing the distinctive SCRIBE Trade Dress is
28 shown below:
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6 73. HH manufactures and sells products under the name Anvil that
7 bear a distinctive trade dress in the overall design (“ANVIL Trade Dress”). An
8 example of an HH product bearing the distinctive ANVIL Trade Dress is shown
9 below:
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14 74. HH manufactures and sells products under the name Convex that
15 bear a distinctive trade dress in the overall design (“CONVEX Trade Dress”).
16 An example of an HH product bearing the distinctive CONVEX Trade Dress is
17 shown below:
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22 75. HH manufactures and sells products under the name Juniper that
23 bear a distinctive trade dress in the overall design (“JUNIPER Trade Dress”).
24 Examples of HH products bearing the distinctive JUNIPER Trade Dress are
25 shown below:
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1 76. HH manufactures and sells products under the name Fish that bear
2 a distinctive trade dress in the overall design (“FISH Trade Dress”). An
3 example of an HH product bearing the distinctive FISH Trade Dress is shown
4 below:
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7 77. HH manufactures and sells products under the name Carlyle that
8 bear a distinctive trade dress in the overall design (“CARLYLE Trade Dress”).
9 An example of an HH product bearing the distinctive CARLYLE Trade Dress is
10 shown below:
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15 78. HH manufactures and sells upholstered products under the name
16 Hadrien that bear a distinctive trade dress in the overall design (“HADRIEN
17 UPHOLTSTERED Trade Dress”). Examples of HH products bearing the
18 distinctive HADRIEN UPHOLTSTERED Trade Dress are shown below:
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23 79. HH manufactures and sells products under the name De Stijl that
24 bear a distinctive trade dress in the overall design (“DE STIJL Trade Dress”).
25 An example of an HH product bearing the distinctive DE STIJL Trade Dress is
26 shown below:
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6 80. HH manufactures and sells products under the name Octagonal
7 Dining Table that bear a distinctive trade dress in the overall design
8 (“OCTAGONAL Trade Dress”). An example of an HH product bearing the
9 distinctive OCTAGONAL Trade Dress is shown below:
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15 81. HH manufactures and sells products under the name Falling Water
17 (“FALLING WATER Trade Dress”). An example of an HH product bearing
18 the distinctive FALLING WATER Trade Dress is shown below:
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23 82. HH manufactures and sells products under the name Sienna Dining
24 Table that bear a distinctive trade dress in the overall design (“SIENNA Trade
25 Dress”). An example of an HH product bearing the distinctive SIENNA Trade
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5 83. HH manufactures and sells products under the name Lugano Side
6 Table that bear a distinctive trade dress in the overall design (“LUGANO SIDE
7 Trade Dress”). An example of an HH product bearing the distinctive LUGANO
8 SIDE Trade Dress is shown below:
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14 84. HH manufactures and sells products under the name Rucci Screen
15 that bear a distinctive trade dress in the overall design (“RUCCI Trade Dress”).
16 An example of an HH product bearing the distinctive RUCCI Trade Dress is
17 shown below:
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25 85. The trade dress shown and described in Paragraphs 14-84 above
26 shall collectively be referred to as the HH Trade Dress.
27 86. As a result of HH’s widespread use and display of each of the HH
28 Trade Dress, (a) the public has come to recognize and identify products bearing
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1 any of the HH Trade Dress as emanating from HH, (b) the public recognizes
2 that products bearing any of the HH Trade Dress constitute high quality
3 products that conform to the specifications created by HH, and (c) each of the
4 HH Trade Dress has established strong secondary meaning and extensive
5 goodwill. In addition, the HH Trade Dress as a whole is distinctive and has
6 acquired secondary meaning, such that consumers will conclude that anyone
7 marketing the entire line of products bearing the HH Trade Dress is in fact HH,
8 or is sponsored by or affiliated with HH.
9 87. Each of the HH Trade Dress is non-functional. For each of the HH
10 Trade Dress, the design features embodied by the trade dress are not essential to
11 the function of the product, do not make the product cheaper or easier to
12 manufacture, and do not affect the quality of the product. The design of the
13 trade dress is not a competitive necessity for any products bearing an HH Trade
14 Dress. Similarly, the HH Trade Dress as a whole is non-functional.
15 88. Defendant has slavishly copied dozens of HH’s proprietary designs
16 in an attempt to benefit from the immense goodwill HH has created in the
17 marketplace. Defendant has copied HH’s patented designs as well as each of
18 the HH Trade Dress.
19 89. Moreover, Defendant has advertised photographs of HH products
20 and falsely claimed that such products are in fact Defendant’s own products,
21 when they are not. One such example is shown below from Defendant’s
22 advertising on its Instagram® page. In the post, Defendant falsely claims that
23 the HH products shown in the photograph are its own products. The photograph
24 clearly depicts an HH studio, as evidenced by the signage visible through the
25 window. Nevertheless, Defendant recites in the caption “how much do you love
26 [Olivya Stone’s] Hisa Lounge Chair?”
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9 90. On August 9, 2018, HH wrote to Defendant and demanded that
10 Defendant stop infringing its patent and trade dress rights and stop falsely
11 advertising its products and passing off its products as authentic HH products.
12 91. Defendant wrote back on the same day, claiming that “[i]ntellectual
13 property law simply does not give furniture designers much of a leg to stand
14 on.” Defendant dared HH to file a lawsuit, stating: “you are more than welcome
15 to pursue further legal matters, however please anticipate a counter-suite [sic]
16 where you will be liable for our damages and expenses incurred curing [sic]
17 litigation.”
18 92. Defendant wrote to HH again on August 16, stating that it was not
19 convinced of HH’s design patent rights either because “[HH’s] design patents
20 seem to apply to the actual drawing, and not to the physical furniture built.”
21 93. HH is informed and believes, and based thereon alleges that
22 Defendant intended to blatantly copy HH’s proprietary designs, falsely advertise
23 HH’s products as its own, and pass off its goods as HH’s high-quality furniture
24 to misappropriate the immense goodwill that HH has spent enormous time,
25 effort, and expense to cultivate in the marketplace. Defendant’s use of HH’s
26 trade dress and photographs of HH’s products in commerce is likely to cause
27 confusion, cause mistake, and to deceive as to the affiliation, connection, or
28 association of Defendant and/or its products with HH, when there is none.
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1 94. Defendant’s acts complained of herein have caused HH to suffer

2 irreparable injury to its business. HH will continue to suffer substantial loss and
3 irreparable injury unless and until Defendant is enjoined from its wrongful
4 actions complained of herein.
5 95. HH is informed and believes, and on that basis alleges, that
6 Defendant’s acts complained of herein are willful and deliberate.
7 FIRST CLAIM FOR RELIEF
8 (Patent Infringement)
(35 U.S.C. § 271)
9
10 96. HH repeats and re-alleges the allegations of paragraphs 1-95 of this
11 Complaint as if set forth fully herein.
12 97. This is a claim for patent infringement under 35 U.S.C. § 271.
13 98. Defendant, personally and through his agents, employees, and/or
14 servants has, and continues to, knowingly, intentionally, and willfully infringe
15 the D472 Patent by making, using, selling, offering for sale, and/or importing
16 products having a design that would appear to an ordinary observer to be
17 substantially similar to the claim of the D472 Patent, for example Defendant’s
18 Eli Table Lamp shown below.
19 Eli Table Lamp HH’s D472 Patent
20
21
22
23
24
25
-29-

3 Calum Side Table shown below.
4 Calum Side Table HH’s D861 Patent
5
6
7
8
9
10
16 Hisano Lounge Chair shown below.
17 Hisano Lounge Chair HH’s D130 Patent
18
19
20
21
22
23
24
25
-30-

3 Caden Side Table shown below.
4 Caden Side Table HH’s D713 Patent
5
6
7
8
9
10
11
12
13
19 Henna Lounge Chair shown below.
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-31-
1 Henna Lounge Chair HH’s D824 Patent

2
3
4
5
6
7
8
9
10
11 103. Defendant’s acts of patent infringement were undertaken without
12 permission or license from HH. Defendant had actual knowledge of HH’s
13 rights in the design claimed in each of the Asserted Patents. HH and its designs
14 claimed in each of the Asserted Patents are well-known throughout the furniture
15 industry, and Defendant’s infringing products are each identical copies of HH’s
16 patented designs. Accordingly, Defendant’s actions constitute willful and
17 intentional infringement of each of the Asserted Patents. Defendant infringed
18 each of the Asserted Patents with reckless disregard of HH’s patent rights.
19 Defendant knew, or it was so obvious that Defendant should have known, that
20 its actions constitute infringement of HH’s patent rights. Defendant’s acts of
21 infringement are not consistent with the standards of commerce for its industry.
22 104. As a direct and proximate result of Defendant’s acts of
23 infringement, Defendant has derived and received gains, profits, and advantages
24 in an amount that is not presently known to HH.
25 105. Pursuant to 35 U.S.C. § 285, HH is entitled to reasonable attorneys’
26 fees for the necessity of bringing this claim.
27 106. Pursuant to 35 U.S.C. § 289, HH is entitled to Defendant’s total
28 profits from Defendant’s infringement of the Asserted Patents.
-32-
1 107. Due to Defendant’s actions, constituting patent infringement, HH

2 has suffered great and irreparable injury, for which HH has no adequate remedy
3 at law.
4 108. Defendant will continue to infringe HH’s patent rights to the great
5 and irreparable injury of HH, unless and until Defendant is enjoined by this
6 Court.
7 SECOND CLAIM FOR RELIEF
8 (Trade Dress Infringement)
(15 U.S.C. § 1125(a))
9
10 109. HH repeats and re-alleges the allegations of paragraphs 1-108 of
11 this Complaint as if set forth fully herein.
12 110. This is a claim for trade dress infringement under 15 U.S.C.
13 § 1125(a).
14 111. Subsequent to HH’s use and adoption of the RING Trade Dress,
15 and the development of secondary meaning in that trade dress, Defendant has
16 developed, manufactured, imported, advertised, and/or sold products that use
17 trade dress that is not only confusingly similar to the RING Trade Dress, but is a
18 slavish copy of HH’s proprietary design. An example of Defendant’s infringing
19 use of the RING Trade Dress, as found on Defendant’s website
20 www.olivyastone.com, is shown below:
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-33-
1 Defendant’s Aspa Dining Table HH’s RING Trade Dress

2
3
4
5
6
7
8 112. Subsequent to HH’s use and adoption of the SPLIT Trade Dress,
11 trade dress that is not only confusingly similar to the SPLIT Trade Dress, but is
12 a slavish copy of HH’s proprietary design. An example of Defendant’s
13 infringing use of the SPLIT Trade Dress, as found on Defendant’s website
15 Defendant’s Aspa Dining Table HH’s SPLIT Trade Dress
16
17
18
19
20
21 113. Subsequent to HH’s use and adoption of the PEREGRINE Trade
22 Dress, and the development of secondary meaning in that trade dress, Defendant
23 has developed, manufactured, imported, advertised, and/or sold products that
24 use trade dress that is not only confusingly similar to the PEREGRINE Trade
25 Dress, but is a slavish copy of HH’s proprietary design. An example of
26 Defendant’s infringing use of the PEREGRINE Trade Dress, as found on
27 Defendant’s website www.olivyastone.com, is shown below:
28 ///
-34-
1 Defendant’s Altair Dining Table HH’s PEREGRINE

Trade Dress
2
3
4
5
6
7
8 114. Subsequent to HH’s use and adoption of the CAPRI Trade Dress,
11 trade dress that is not only confusingly similar to the CAPRI Trade Dress, but is
13 infringing use of the CAPRI Trade Dress, as found on Defendant’s website
15 Defendant’s Hyura Lounge Chair HH’s CAPRI Trade Dress
16
17
18
19
20
21
22 115. Subsequent to HH’s use and adoption of the FLEA Trade Dress,
25 trade dress that is not only confusingly similar to the FLEA Trade Dress, but is a
27 use of the FLEA Trade Dress, as found on Defendant’s website
-35-
1 Defendant’s Henna Lounge Chair HH’s FLEA Trade Dress

2
3
4
5
6
7
8 116. Subsequent to HH’s use and adoption of the NEW LINDEN Trade
11 use trade dress that is not only confusingly similar to the NEW LINDEN Trade
13 Defendant’s infringing use of the NEW LINDEN Trade Dress, as found on
15 Defendant’s Hisa Lounge Chair HH’s NEW LINDEN Trade Dress
16
17
18
19
20
21
22 117. Subsequent to HH’s use and adoption of the HARLOW Trade
25 use trade dress that is not only confusingly similar to the HARLOW Trade
27 Defendant’s infringing use of the HARLOW Trade Dress, as found on
-36-
1 Defendant’s Hisano Lounge Chair HH’s HARLOW Trade Dress

2
3
4
5
6
7
8 118. Subsequent to HH’s use and adoption of the GAZELLE Trade
11 use trade dress that is not only confusingly similar to the GAZELLE Trade
13 Defendant’s infringing use of the GAZELLE Trade Dress, as found on
15 Defendant’s Britta Coffee Table HH’s GAZELLE Trade Dress
16
17
18
19
20
21
22 119. Subsequent to HH’s use and adoption of the LAREDO Trade
25 use trade dress that is not only confusingly similar to the LAREDO Trade Dress,
26 but is a slavish copy of HH’s proprietary design. An example of Defendant’s
27 infringing use of the LAREDO Trade Dress, as found on Defendant’s website
-37-
1 Defendant’s Balbina Coffee Table HH’s LAREDO Trade Dress

2
3
4
5
6
7
8 120. Subsequent to HH’s use and adoption of the INGOT Trade Dress,
11 trade dress that is not only confusingly similar to the INGOT Trade Dress, but is
13 infringing use of the INGOT Trade Dress, as found on Defendant’s website
15 Defendant’s Balbina Coffee Table HH’s INGOT Trade Dress
16
17
18
19
20
21
22 121. Subsequent to HH’s use and adoption of the SPECTACLES Trade
25 use trade dress that is not only confusingly similar to the SPECTACLES Trade
27 Defendant’s infringing use of the SPECTACLES Trade Dress, as found on
-38-
1 Defendant’s Calli Side Table HH’s SPECTACLES Trade Dress

2
3
4
5
6
7
8 122. Subsequent to HH’s use and adoption of the BRANCHE Trade
11 use trade dress that is not only confusingly similar to the BRANCHE Trade
13 Defendant’s infringing use of the BRANCHE Trade Dress, as found on
15 Defendant’s Calum Side Tables HH’s BRANCHE Trade Dress
16
17
18
19
20
21
22 123. Subsequent to HH’s use and adoption of the CHLOE Trade Dress,
25 trade dress that is not only confusingly similar to the CHLOE Trade Dress, but
26 is a slavish copy of HH’s proprietary design. An example of Defendant’s
27 infringing use of the CHLOE Trade Dress, as found on Defendant’s website
-39-
1 Defendant’s Como Side Table HH’s CHLOE Trade Dress

2
3
4
5
6
7
8 124. Subsequent to HH’s use and adoption of the HIGHLINE Trade
11 use trade dress that is not only confusingly similar to the HIGHLINE Trade
12 Dress, but is a slavish copy of HH’s proprietary design. Examples of
13 Defendant’s infringing use of the HIGHLINE Trade Dress, as found on
14 Defendant’s website www.olivyastone.com, are shown below:
15 Defendant’s Cali Side Tables HH’s HIGHLINE Trade Dress
16
17
18
19
20
21
22 125. Subsequent to HH’s use and adoption of the PORTIA Trade Dress,
25 trade dress that is not only confusingly similar to the PORTIA Trade Dress, but
27 infringing use of the PORTIA Trade Dress, as found on Defendant’s website
-40-
1 Defendant’s Calandra Side Table HH’s PORTIA Trade Dress

2
3
4
5
6
7
8 126. Subsequent to HH’s use and adoption of the LITTLE BITTERN
9 Trade Dress, and the development of secondary meaning in that trade dress,
10 Defendant has developed, manufactured, imported, advertised, and/or sold
11 products that use trade dress that is not only confusingly similar to the LITTLE
12 BITTERN Trade Dress, but is a slavish copy of HH’s proprietary design. An
13 example of Defendant’s infringing use of the LITTLE BITTERN Trade Dress,
14 as found on Defendant’s website www.olivyastone.com, is shown below:
15 Defendant’s Cloe Side Table HH’s LITTLE BITTERN
Trade Dress
16
17
18
19
20
21
22
23 127. Subsequent to HH’s use and adoption of the WYETH Trade Dress,
26 trade dress that is not only confusingly similar to the WYETH Trade Dress, but
28 infringing use of the WYETH Trade Dress, as found on Defendant’s website
-41-

2 Defendant’s Cupo Nightstand HH’s WYETH Trade Dress
3
4
5
6
7
8
9 128. Subsequent to HH’s use and adoption of the ONE Trade Dress, and
10 the development of secondary meaning in that trade dress, Defendant has
12 trade dress that is not only confusingly similar to the ONE Trade Dress, but is a
14 use of the ONE Trade Dress, as found on Defendant’s website
16 Defendant’s Cervis Nightstand HH’s ONE Trade Dress
17
18
19
20
21
22
23 129. Subsequent to HH’s use and adoption of the FORTIS Trade Dress,
26 trade dress that is not only confusingly similar to the FORTIS Trade Dress, but
28 infringing use of the FORTIS Trade Dress, as found on Defendant’s website
-42-

2 Defendant’s Clement Nightstand HH’s FORTIS Trade Dress
3
4
5
6
7
8
9 130. Subsequent to HH’s use and adoption of the OSLO Trade Dress,
12 trade dress that is not only confusingly similar to the OSLO Trade Dress, but is
14 infringing use of the OSLO Trade Dress, as found on Defendant’s website
16 Defendant’s Ciotti Nightstand HH’s OSLO Trade Dress
17
18
19
20
21
22
23 131. Subsequent to HH’s use and adoption of the SPENCER Trade
26 use trade dress that is not only confusingly similar to the SPENCER Trade
28 Defendant’s infringing use of the SPENCER Trade Dress, as found on
-43-

2 Defendant’s Cleet Nightstand HH’s SPENCER
Trade Dress
3
4
5
6
7
8
9
10 132. Subsequent to HH’s use and adoption of the PYRITE Trade Dress,
13 trade dress that is not only confusingly similar to the PYRITE Trade Dress, but
14 is a slavish copy of HH’s proprietary design. Examples of Defendant’s
15 infringing use of the PYRITE Trade Dress, as found on Defendant’s website
16 www.olivyastone.com, are shown below:
17 Defendant’s Catori Side Tables HH’s PYRITE
Trade Dress
18
19
20
21
22
23
24
25 133. Subsequent to HH’s use and adoption of the PLANKTON Trade
28 use trade dress that is not only confusingly similar to the PLANKTON Trade
-44-

2 Defendant’s infringing use of the PLANKTON Trade Dress, as found on
4 Defendant’s Cadby Side Table HH’s PLANKTON
Trade Dress
5
6
7
8
9
10
11
12 134. Subsequent to HH’s use and adoption of the SOFIE Trade Dress,
15 trade dress that is not only confusingly similar to the SOFIE Trade Dress, but is
17 infringing use of the SOFIE Trade Dress, as found on Defendant’s website
19 Defendant’s Canan Side Table HH’s SOFIE
Trade Dress
20
21
22
23
24
25
26
27 135. Subsequent to HH’s use and adoption of the GOBLET Trade
-45-

2 use trade dress that is not only confusingly similar to the GOBLET Trade Dress,
4 infringing use of the GOBLET Trade Dress, as found on Defendant’s website
6 Defendant’s Como Side Tables HH’s GOBLET
Trade Dress
7
8
9
10
11
12
13
14 136. Subsequent to HH’s use and adoption of the Bell Pepper Trade
17 use trade dress that is not only confusingly similar to the Bell Pepper Trade
19 Defendant’s infringing use of the Bell Pepper Trade Dress, as found on
21 Defendant’s Caden Side Table HH’s Bell Pepper
Trade Dress
22
23
24
25
26
27
28
-46-
1 137. Subsequent to HH’s use and adoption of the ABSINTHE Trade

4 use trade dress that is not only confusingly similar to the ABSINTHE Trade
6 Defendant’s infringing use of the ABSINTHE Trade Dress, as found on
8 Defendant’s Cain Side Table HH’s ABSINTHE
Trade Dress
9
10
11
12
13
14
15
16 138. Subsequent to HH’s use and adoption of the XY Trade Dress, and
19 trade dress that is not only confusingly similar to the XY Trade Dress, but is a
21 use of the XY Trade Dress, as found on Defendant’s website
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-47-
1 Defendant’s Eban Bench HH’s XY

Trade Dress
2
3
4
5
6
7
8
9 139. Subsequent to HH’s use and adoption of the HARLOW Trade
12 use trade dress that is not only confusingly similar to the HARLOW Trade
14 Defendant’s infringing use of the HARLOW Trade Dress, as found on
16 Defendant’s Hisa Bench HH’s HARLOW
Trade Dress
17
18
19
20
21
22
23 140. Subsequent to HH’s use and adoption of the BELL PEPPER
24 LAMP Trade Dress, and the development of secondary meaning in that trade
25 dress, Defendant has developed, manufactured, imported, advertised, and/or
26 sold products that use trade dress that is not only confusingly similar to the
27 BELL PEPPER LAMP Trade Dress, but is a slavish copy of HH’s proprietary
28 design. An example of Defendant’s infringing use of the BELL PEPPER
-48-
1 LAMP Trade Dress, as found on Defendant’s website www.olivyastone.com, is

2 shown below:
3 Defendant’s Eli Table Lamp HH’s BELL PEPPER LAMP
Trade Dress
4
5
6
7
8
9
10
11 141. Subsequent to HH’s use and adoption of the INGOT LAMP Trade
14 use trade dress that is not only confusingly similar to the INGOT LAMP Trade
16 Defendant’s infringing use of the INGOT LAMP Trade Dress, as found on
18 Defendant’s Kaela Table Lamp HH’s INGOT LAMP Trade Dress
19
20
21
22
23
24
25 142. Subsequent to HH’s use and adoption of the HADRIEN CHAIR
28 products that use trade dress that is not only confusingly similar to the
-49-
1 HADRIEN CHAIR Trade Dress, but is a slavish copy of HH’s proprietary

2 design. Examples of Defendant’s infringing use of the HADRIEN CHAIR
3 Trade Dress, as found on Defendant’s website www.olivyastone.com, are
4 shown below:
5 Defendant’s Accused Products HH’s HADRIEN CHAIR
Trade Dress
6
Defendant’s Koster Arm Chair
7
8
9
10
11
12
Defendant’s Koster Chair
13
14
15
16
17
18
19
20 143. Subsequent to HH’s use and adoption of the REVE Trade Dress,
23 trade dress that is not only confusingly similar to the REVE Trade Dress, but is
24 a slavish copy of HH’s proprietary design. Examples of Defendant’s infringing
25 use of the REVE Trade Dress, as found on Defendant’s website
27 ///
28 ///
-50-
1 Defendant’s Accused Products HH’s REVE Trade Dress

Kalabri Chair
2
3
4
5
6
7
8
9
Kalibri Chair
10
11
12
13
14
15
16
17
18
19 144. Subsequent to HH’s use and adoption of the SHADOW Trade
22 use trade dress that is not only confusingly similar to the SHADOW Trade
24 Defendant’s infringing use of the SHADOW Trade Dress, as found on
26 ///
27 ///
28 ///
-51-
1 Defendant’s Accused Products HH’s SHADOW Trade Dress

Terra Dining Chair
2
3
4
5
6
7
8
Terra Bar Stool
9
10
11
12
13
14
15
16
17
18 145. Subsequent to HH’s use and adoption of the JETT Trade Dress,
21 trade dress that is not only confusingly similar to the JETT Trade Dress, but is a
23 use of the JETT Trade Dress, as found on Defendant’s website
25 ///
26 ///
27 ///
28 ///
-52-
1 Defendant’s Himasa Lounge Chair HH’s JETT Trade Dress

2
3
4
5
6
7
8 146. Subsequent to HH’s use and adoption of the STILT COUPE Trade
11 use trade dress that is not only confusingly similar to the STILT COUPE Trade
13 Defendant’s infringing use of the STILT COUPE Trade Dress, as found on
15 Defendant’s Haeda Lounge Chair HH’s STILT COUPE Trade Dress
16
17
18
19
20
21
22 147. Subsequent to HH’s use and adoption of the CACHALOT Trade
25 use trade dress that is not only confusingly similar to the CACHALOT Trade
27 Defendant’s infringing use of the CACHALOT Trade Dress, as found on
-53-
1 Defendant’s Bessimo Coffee Table HH’s CACHALOT Trade Dress

2
3
4
5
6
7 148. Subsequent to HH’s use and adoption of the RU DE SEINE Trade
10 use trade dress that is not only confusingly similar to the RU DE SEINE Trade
12 Defendant’s infringing use of the RU DE SEINE Trade Dress, as found on
14 Defendant’s Accused Products HH’s RU DE SEINE
Trade Dress
15
Brodric Coffee Table
16
17
18
19
Calida Side Table
20
21
22
23
24
25
26
27
28
-54-
1 Donu Console
2
3
4
5
6
7 149. Subsequent to HH’s use and adoption of the LUGANO Trade
10 use trade dress that is not only confusingly similar to the LUGANO Trade
12 Defendant’s infringing use of the LUGANO Trade Dress, as found on
14 Defendant’s Balen Coffee Table HH’s LUGANO Trade Dress
15
16
17
18
19
20 150. Subsequent to HH’s use and adoption of the MAJE Trade Dress,
23 trade dress that is not only confusingly similar to the MAJE Trade Dress, but is
25 infringing use of the MAJE Trade Dress, as found on Defendant’s website
27 ///
28 ///
-55-
1 Defendant’s Blase Coffee Table HH’s MAJE Trade Dress

2
3
4
5
6
7 151. Subsequent to HH’s use and adoption of the GUNSIGHT Trade
10 use trade dress that is not only confusingly similar to the GUNSIGHT Trade
12 Defendant’s infringing use of the GUNSIGHT Trade Dress, as found on
14 Defendant’s Abbast Dining Table HH’s GUNSIGHT Trade Dress
15
16
17
18
19
20 152. Subsequent to HH’s use and adoption of the TRICE Trade Dress,
23 trade dress that is not only confusingly similar to the TRICE Trade Dress, but is
24 a slavish copy of HH’s proprietary design. Examples of Defendant’s infringing
25 use of the TRICE Trade Dress, as found on Defendant’s website
27 ///
28 ///
-56-
1 Defendant’s Accused Products HH’s TRICE Trade Dress

Alpa Dining Table
2
3
4
5
6
7
Anka Dining Table
8
9
10
11
12
13
14 153. Subsequent to HH’s use and adoption of the ETOILLE Trade
17 use trade dress that is not only confusingly similar to the ETOILLE Trade
19 Defendant’s infringing use of the ETOILLE Trade Dress, as found on
21 Defendant’s Atessa Dining Table HH’s ETOILLE Trade Dress
22
23
24
25
26
27 154. Subsequent to HH’s use and adoption of the BRONZE Trade
-57-

2 use trade dress that is not only confusingly similar to the BRONZE Trade Dress,
4 infringing use of the BRONZE Trade Dress, as found on Defendant’s website
6 Defendant’s Accused Products HH’s BRONZE Trade Dress
Dante Console
7
8
9
10
11
Boden Coffee Table
12
13
14
15
16
17
18 155. Subsequent to HH’s use and adoption of the BRIMSTONE Trade
21 use trade dress that is not only confusingly similar to the BRIMSTONE Trade
23 Defendant’s infringing use of the BRIMSTONE Trade Dress, as found on
25 ///
26 ///
27 ///
28 ///
-58-
1 Defendant’s Daphane Console HH’s BRIMSTONE Trade Dress

2
3
4
5
6
7
8 156. Subsequent to HH’s use and adoption of the HASTINGS Trade
11 use trade dress that is not only confusingly similar to the HASTINGS Trade
13 Defendant’s infringing use of the HASTINGS Trade Dress, as found on
15 Defendant’s Dennis Console HH’s HASTINGS Trade Dress
16
17
18
19
20
21
22 157. Subsequent to HH’s use and adoption of the LUSITANIA
23 CONSOLE Trade Dress, and the development of secondary meaning in that
24 trade dress, Defendant has developed, manufactured, imported, advertised,
25 and/or sold products that use trade dress that is not only confusingly similar to
26 the LUSITANIA CONSOLE Trade Dress, but is a slavish copy of HH’s
27 proprietary design. An example of Defendant’s infringing use of the
28 LUSITANIA CONSOLE Trade Dress, as found on Defendant’s website
-59-

2 Defendant’s Daryn Console HH’s LUSITANIA CONSOLE
Trade Dress
3
4
5
6
7
8
9 158. Subsequent to HH’s use and adoption of the WYENTH Trade
12 use trade dress that is not only confusingly similar to the WYENTH Trade
14 Defendant’s infringing use of the WYENTH Trade Dress, as found on
16 Defendant’s Demi Console HH’s WYENTH Trade Dress
17
18
19
20
21
22
23 159. Subsequent to HH’s use and adoption of the CHANNEL Trade
26 use trade dress that is not only confusingly similar to the CHANNEL Trade
28 Defendant’s infringing use of the CHANNEL Trade Dress, as found on
-60-

2 Defendant’s Dune Credenza HH’s CHANNEL Trade Dress
3
4
5
6
7
8 160. Subsequent to HH’s use and adoption of the OSLO CREDENZA
11 products that use trade dress that is not only confusingly similar to the OSLO
12 CREDENZA Trade Dress, but is a slavish copy of HH’s proprietary design. An
13 example of Defendant’s infringing use of the OSLO CREDENZA Trade Dress,
15 Defendant’s Drogo Credenza HH’s OSLO CREDENZA
Trade Dress
16
17
18
19
20
21
22 161. Subsequent to HH’s use and adoption of the ANTIDOTE Trade
25 use trade dress that is not only confusingly similar to the ANTIDOTE Trade
27 Defendant’s infringing use of the ANTIDOTE Trade Dress, as found on
-61-
1 Defendant’s Duro Credenza HH’s ANTIDOTE

Trade Dress
2
3
4
5
6
7
8
9 162. Subsequent to HH’s use and adoption of the BORNEO Trade
12 use trade dress that is not only confusingly similar to the BORNEO Trade
14 Defendant’s infringing use of the BORNEO Trade Dress, as found on
16 Defendant’s Dollie Credenza HH’s BORNEO Trade Dress
17
18
19
20
21
22 163. Subsequent to HH’s use and adoption of the LIEUTENANT Trade
25 use trade dress that is not only confusingly similar to the LIEUTENANT Trade
27 Defendant’s infringing use of the LIEUTENANT Trade Dress, as found on
-62-
1 Defendant’s Dirce Credenza HH’s LIEUTENANT Trade Dress

2
3
4
5
6
7
8 164. Subsequent to HH’s use and adoption of the OSLO CABINET
11 products that use trade dress that is not only confusingly similar to the OSLO
12 CABINET Trade Dress, but is a slavish copy of HH’s proprietary design. An
13 example of Defendant’s infringing use of the OSLO CABINET Trade Dress, as
14 found on Defendant’s website www.olivyastone.com, is shown below:
15 Defendant’s Dones Credenza HH’s OSLO CABINET Trade Dress
16
17
18
19
20
21
22
23 165. Subsequent to HH’s use and adoption of the JAVIER Trade Dress,
26 trade dress that is not only confusingly similar to the JAVIER Trade Dress, but
28 infringing use of the JAVIER Trade Dress, as found on Defendant’s website
-63-

2 Defendant’s Dasu Credenza HH’s JAVIER Trade Dress
3
4
5
6
7
8
9 166. Subsequent to HH’s use and adoption of the AVILA Trade Dress,
12 trade dress that is not only confusingly similar to the AVILA Trade Dress, but is
14 infringing use of the AVILA Trade Dress, as found on Defendant’s website
16 Defendant’s Donna Bookcase HH’s AVILA Trade Dress
17
18
19
20
21
22
23
24 167. Subsequent to HH’s use and adoption of the HURON Trade Dress,
27 trade dress that is not only confusingly similar to the HURON Trade Dress, but
-64-
1 infringing use of the HURON Trade Dress, as found on Defendant’s website

3 Defendant’s Dagon Bookcase HH’s HURON Trade Dress
4
5
6
7
8
9
10
11 168. Subsequent to HH’s use and adoption of the LUSITANIA
12 CABINET Trade Dress, and the development of secondary meaning in that
13 trade dress, Defendant has developed, manufactured, imported, advertised,
15 the LUSITANIA CABINET Trade Dress, but is a slavish copy of HH’s
16 proprietary design. An example of Defendant’s infringing use of the
17 LUSITANIA CABINET Trade Dress, as found on Defendant’s website
19 Defendant’s Danele Wine Cabinet HH’s LUSITANIA CABINET Trade
Dress
20
21
22
23
24
25
26
27 169. Subsequent to HH’s use and adoption of the SCRIBE Trade Dress,
-65-

2 trade dress that is not only confusingly similar to the SCRIBE Trade Dress, but
4 infringing use of the SCRIBE Trade Dress, as found on Defendant’s website
6 Defendant’s Dovi Desk HH’s SCRIBE Trade Dress
7
8
9
10
11
12
13 170. Subsequent to HH’s use and adoption of the ANVIL Trade Dress,
16 trade dress that is not only confusingly similar to the ANVIL Trade Dress, but is
18 infringing use of the ANVIL Trade Dress, as found on Defendant’s website
20 Defendant’s Dordie Desk HH’s ANVIL Trade Dress
21
22
23
24
25
26 171. Subsequent to HH’s use and adoption of the CONVEX Trade
-66-
1 use trade dress that is not only confusingly similar to the CONVEX Trade
3 Defendant’s infringing use of the CONVEX Trade Dress, as found on
5 Defendant’s Kiba Mirror HH’s CONVEX Trade Dress
6
7
8
9
10
11 172. Subsequent to HH’s use and adoption of the JUNIPER Trade
14 use trade dress that is not only confusingly similar to the JUNIPER Trade Dress,
16 infringing use of the JUNIPER Trade Dress, as found on Defendant’s website
18 Defendant’s Cacia Side Table HH’s JUNIPER Trade Dress
19
20
21
22
23
24
25
26 173. Subsequent to HH’s use and adoption of the FISH Trade Dress, and
-67-
1 trade dress that is not only confusingly similar to the FISH Trade Dress, but is a
3 use of the FISH Trade Dress, as found on Defendant’s website
5 Defendant’s Benin Coffee Table HH’s FISH Trade Dress
6
7
8
9
10
11 174. Subsequent to HH’s use and adoption of the CARLYLE Trade
14 use trade dress that is not only confusingly similar to the CARLYLE Trade
16 Defendant’s infringing use of the CARLYLE Trade Dress, as found on
18 Defendant’s Ara Dining Table HH’s CARLYLE Trade Dress
19
20
21
22
23
24 175. Subsequent to HH’s use and adoption of the HADRIEN
25 UPHOLSTERED Trade Dress, and the development of secondary meaning in
26 that trade dress, Defendant has developed, manufactured, imported, advertised,
28 the HADRIEN UPHOLSTERED Trade Dress, but is a slavish copy of HH’s
-68-
1 proprietary design. Examples of Defendant’s infringing use of the HADRIEN

2 UPHOLSTERED Trade Dress, as found on Defendant’s website
4 Defendant’s Accused Products HH’s HADRIEN UPHOLSTERED
Trade Dress
5
Efrem Bench
6
7
8
9
10
Hoshi Lounge Chair
11
12
13
14
15
16
Hoshi Sofa
17
18
19
20
21
22 176. Subsequent to HH’s use and adoption of the DE STIJL Trade
25 use trade dress that is not only confusingly similar to the DE STIJL Trade
27 Defendant’s infringing use of the DE STIJL Trade Dress, as found on
-69-
1 Defendant’s Dalia Credenza HH’s DE STIJL Trade Dress

2
3
4
5
6
7
8 177. Subsequent to HH’s use and adoption of the OCTAGONAL Trade
11 use trade dress that is not only confusingly similar to the OCTAGONAL Trade
13 Defendant’s infringing use of the OCTAGONAL Trade Dress, as found on
15 Defendant’s Bellona Coffee Table HH’s OCTAGONAL Trade Dress
16
17
18
19
20
21 178. Subsequent to HH’s use and adoption of the FALLING WATER
25 FALLING WATER Trade Dress, but is a slavish copy of HH’s proprietary
26 design. An example of Defendant’s infringing use of the FALLING WATER
27 Trade Dress, as found on Defendant’s website www.olivyastone.com, is shown
28 below:
-70-
1 Defendant’s Bianka Coffee Table HH’s FALLING WATER

Trade Dress
2
3
4
5
6
7
8 179. Subsequent to HH’s use and adoption of the SIENNA Trade Dress,
11 trade dress that is not only confusingly similar to the SIENNA Trade Dress, but
13 infringing use of the SIENNA Trade Dress, as found on Defendant’s website
15 Defendant’s Atra Dining Table HH’s SIENNA Trade Dress
16
17
18
19
20
21 180. Subsequent to HH’s use and adoption of the LUGANO SIDE
25 LUGANO SIDE Trade Dress, but is a slavish copy of HH’s proprietary design.
26 An example of Defendant’s infringing use of the LUGANO SIDE Trade Dress,
28 ///
-71-
1 Defendant’s Caprice Side Table HH’s LUGANO SIDE Trade Dress

2
3
4
5
6
7 181. Subsequent to HH’s use and adoption of the RUCCI Trade Dress,
10 trade dress that is not only confusingly similar to the RUCCI Trade Dress, but is
12 infringing use of the RUCCI Trade Dress, as found on Defendant’s website
14 Defendant’s Dalis Screen HH’s RUCCI Trade Dress
15
16
17
18
19
20
21
22
24 infringed HH’s trade dress rights with the intent to unfairly compete with HH, to
25 trade upon HH’s reputation and goodwill by causing confusion and mistake
26 among customers and the public, and to deceive the public into believing that
27 Defendant’s products are associated with, sponsored by, originated from, or are
28 approved by HH, when they are not, resulting in a loss of reputation in, and
-72-
1 mischaracterization of, HH’s products and its brand, damaging its marketability
2 and saleability.
3 183. Defendant’s activities constitute willful and intentional
4 infringement of HH’s trade dress rights in total disregard of HH’s proprietary
5 rights, and were done despite Defendant’s knowledge that use of each of the HH
6 Trade Dress was and is in direct contravention of HH’s rights.
8 has derived and received, and will continue to derive and receive, gains, profits,
9 and advantages from Defendant’s trade dress infringement in an amount that is
10 not presently known to HH. By reason of Defendant’s actions, constituting
11 trade dress infringement, HH has been damaged and is entitled to monetary
12 relief in an amount to be determined at trial.
13 185. Pursuant to 15 U.S.C. § 1117, HH is entitled to recover
14 (1) Defendant’s profits, (2) any damages sustained by HH, and (3) the costs of
15 the action. In assessing damages, the Court may enter judgment up to three
16 times actual damages, and in awarding profits, the Court may in its discretion
17 enter judgment for such sum as the court shall find to be just, according to the
18 circumstances of the case. The Court may also award HH its reasonable
19 attorneys’ fees for the necessity of bringing this claim.
20 186. Due to Defendant’s actions, constituting trade dress infringement,
21 HH has suffered great and irreparable injury, for which HH has no adequate
22 remedy at law.
23 187. Defendant will continue to infringe HH’s trade dress rights to the
24 great and irreparable injury of HH, unless and until Defendant is enjoined by
25 this Court.
26 ///
27 ///
28 ///
-73-
1 THIRD CLAIM FOR RELIEF

2 (False Designation of Origin &
Federal Unfair Competition)
3 (15 U.S.C. § 1125(a))
4 188. HH repeats and re-alleges the allegations of paragraphs 1-95 and
5 71-187 of this Complaint as if set forth fully herein.
6 189. This is a claim for unfair competition and false designation of
7 origin arising under 15 U.S.C. § 1125(a).
8 190. Defendant’s use of each of the HH Trade Dress, as well as the HH
9 Trade Dress as a whole, without HH’s consent, constitutes a false designation of
10 origin, false or misleading description of fact, or false or misleading
11 representation of fact, which is likely to cause confusion, or to cause mistake, or
12 to deceive as to the affiliation, connection, or association of such person with
13 another person, or as to the origin, sponsorship, or approval of his or her goods
14 or commercial activities by another person in violation of 15 U.S.C. § 1125(a).
15 191. Defendant’s use of each of the HH Trade Dress, as well as the HH
16 Trade Dress as a whole, without HH’s consent, constitutes a false designation of
17 origin, false or misleading description of fact, or false or misleading
18 representation of fact, which in commercial advertising or promotion,
19 misrepresents the nature, characteristics, qualities, or geographic origin of his
20 goods or commercial activities in violation of 15 U.S.C. § 1125(a).
21 192. By displaying HH’s products to customers, and then substituting
22 Defendant’s own products in its place, Defendant is passing off its own products
23 as those of HH. Further, Defendant has thereby falsely designated the origin of
24 its products as originating from HH, and competed unfairly with HH.
25 Consumers purchasing Defendant’s products after seeing HH’s products are
26 likely to be confused as to whether HH is the source of Defendant’s products or
27 whether HH sponsors or otherwise endorses Defendant’s products. Defendant’s
28 conduct constitutes a violation of 15 U.S.C. §1125(a).
-74-
1 193. HH is informed and believes that Defendant’s acts of false

2 designation of origin, passing off, and unfair competition have been willful and
3 without regard to HH’s rights.
4 194. HH has been damaged by Defendant’s conduct in an amount to be
5 determined at trial.
6 195. Such conduct by Defendant is likely to confuse, mislead, and
7 deceive Defendant’s customers, purchasers, and members of the public as to the
8 origin of Defendant’s products or cause said persons to believe that Defendant
9 and/or its products have been sponsored, approved, authorized, or licensed by
10 HH or are in some way affiliated or connected with HH, all in violation of 15
11 U.S.C. § 1125(a), and this constitutes unfair competition with HH.
12 196. HH is informed and believes, and thereon alleges, that Defendant’s
13 actions were undertaken willfully with full knowledge of the falsity of such
14 designation of origin, passing off, and false descriptions or representations.
16 has derived and received, and will continue to derive and receive, gains, profits,
17 and advantages from Defendant’s false designation of origin, false or misleading
18 statements, descriptions of fact, false or misleading representations of fact,
19 passing off, and unfair competition in an amount that is not presently known to
20 HH. By reason of Defendant’s actions, constituting false designation of origin,
21 false or misleading statements, false or misleading descriptions of fact, false or
22 misleading representations of fact, passing off, and unfair competition, HH has
23 been damaged and is entitled to monetary relief in an amount to be determined
24 at trial.
25 198. Pursuant to 15 U.S.C. § 1117, HH is entitled to recover
26 (1) Defendant’s profits, (2) any damages sustained by HH, and (3) the costs of
27 the action. In assessing damages, the Court may enter judgment up to three
28 times actual damages, and in awarding profits, the Court may in its discretion
-75-
1 enter judgment for such sum as the court shall find to be just, according to the
2 circumstances of the case. The Court may also award HH its reasonable
3 attorneys’ fees for the necessity of bringing this claim.
4 199. Due to Defendant’s actions, constituting false designation of origin,
5 false or misleading statements, false or misleading description of fact, false or
6 misleading representations of fact, passing off, and unfair competition, HH has
7 suffered and continues to suffer great and irreparable injury, for which HH has
8 no adequate remedy at law.
9 200. Defendant will continue its false designation of origin, false or
10 misleading statements, false or misleading description of fact, false or
11 misleading representations of fact, passing off, and unfair competition, unless
12 and until Defendant is enjoined by this Court.
13 CLAIM FOR RELIEF
14 (False Advertising 15 U.S.C. §1125(a))
17 202. Defendant has engaged in false advertising in violation of 15
18 U.S.C. §1125(a) by posting photographs of HH’s products and falsely claiming
19 the products to be its own.
20 203. Defendant is not and has never been authorized to advertise, sell, or
21 offer to sell HH’s products.
22 204. Defendant’s false advertising has confused consumers into
23 believing that the advertised HH products are or were available from Defendant.
24 205. Defendant thereby diverted sales away from HH and its
25 distributors, and otherwise caused harm to HH, in an amount to be proven at
26 trial.
27 206. HH is informed and believes that Defendant’s false advertising has
28 been willful and without regard to HH’s rights.
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1 207. Defendant’s false advertising will not stop unless enjoined by this
2 Court.
3 FIFTH CLAIM FOR RELIEF
4 (California Unfair Competition)
7 209. This is a claim for unfair competition, arising under California
8 Business & Professions Code § 17200, et seq. and California common law.
9 210. Defendant’s acts of trade dress infringement, false designation of
10 origin, passing off, and false advertising complained of herein constitute unfair
11 competition with HH under the common law and statutory laws of the State of
12 California, including California Business & Professions Code § 17200 et seq.
14 has derived and received, and will continue to derive and receive, gains, profits
15 and advantages from Defendant’s unfair competition in an amount that is not
16 presently known to HH.
17 212. By reason of Defendant’s wrongful acts as alleged in this
18 Complaint, HH has been damaged and is entitled to monetary relief in an
19 amount to be determined at trial.
20 213. By its actions, Defendant has injured and violated the rights of HH
21 and has irreparably injured HH, and such irreparable injury will continue unless
22 Defendant is enjoined by this Court.
23 214. Defendant engaged in its acts of unfair competition in violation of
24 the common law of California with malice, oppression, and fraud. Accordingly,
25 an award of punitive damages is appropriate in an amount to be determined at
26 trial.
27 WHEREFORE, HH prays for judgment in its favor against Defendant
28 for the following relief:
-77-
1 A. An Order adjudging Defendant to have willfully infringed the

2 Asserted Patents under 35 U.S.C. § 271;
3 B. A preliminary and permanent injunction enjoining Defendant, its
4 respective officers, directors, agents, servants, employees, and attorneys, and
5 those persons in active concert or participation with Defendant, from infringing
6 the Asserted Patents in violation of 35 U.S.C. § 271, including, for example,
7 through the manufacture, use, sale, offer for sale, and/or importation into the
8 United States of Defendant’s products accused of infringing the Asserted
9 Patents and any products that are not colorably different form these products;
10 C. That Defendant account for all gains, profits, and advantages
11 derived by Defendant’s infringement of the Asserted Patents in violation of
12 35 U.S.C. § 271, and that Defendant pay to HH all damages suffered by HH
13 and/or Defendant’s total profit from such infringement pursuant to 35 U.S.C.
14 §§ 284 and 289;
15 D. That the Court find for HH and against Defendant on HH’s claims
16 of trade dress infringement, false designation of origin, passing off, false
17 advertising, and unfair competition under 15 U.S.C. § 1125(a);
18 E. That the Court find for HH and against Defendant on HH’s claims
19 of unfair competition under California Business & Professions Code § 17200, et
20 seq. and California common law;
21 F. That the Court issue a preliminary and permanent injunction
22 against Defendant, his agents, servants, employees, representatives, successors,
23 and assigns, and all persons, firms, or corporations in active concert or
24 participation with Defendant, enjoining them from engaging in the following
25 activities and from assisting or inducing, directly or indirectly, others to engage
26 in the following activities:
27 1. manufacturing, importing, marketing, displaying,
28 distributing, offering to sell, and/or selling Defendant’s
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1 products shown above as infringing any of HH’s Trade

2 Dress, or any products that are not colorably different
3 therefrom;
4 2. using any of the HH Trade Dress, or any other trade dress
5 that is confusingly similar to such trade dress;
6 3. falsely designating the origin of Defendant’s goods;
7 4. passing off its goods as those of HH;
8 5. misrepresenting by any means whatsoever, directly or
9 indirectly, the source or sponsorship of any of Defendant’s
10 products, including by advertising and/or displaying an HH
11 product to customers and substituting Defendant’s own
12 products instead;
13 6. falsely advertising HH’s products as its own;
14 7. unfairly competing with HH in any manner whatsoever;
15 8. causing a likelihood of confusion or injuries to HH’s
16 business reputation; and,
17 9. manufacturing, importing, marketing, displaying,
18 distributing, offering to sell, and/or selling any goods that
19 infringe any of the HH Trade Dress.
20 G. That an accounting be ordered to determine Defendant’s profits
21 resulting from its trade dress infringement, false designation of origin, passing
22 off, false advertising, and unfair competition, and that HH be awarded monetary
23 relief in an amount to be fixed by the Court in its discretion as it finds just as an
24 equitable remedy and as a remedy under 15 U.S.C. § 1117, including:
25 1. all profits received by Defendant from sales and revenues of
26 any kind made as a result of its infringing actions;
27 ///
28 ///
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1 2. all damages sustained by HH as a result of Defendant’s acts

2 of trade dress infringement, false designation of origin,
3 passing off, false advertising, and unfair competition;
4 3. the costs of this action;
5 H. That such award to HH of damages and profits be trebled pursuant
6 to 15 U.S.C. § 1117;
7 I. An Order adjudging that this is an exceptional case under 15
8 U.S.C. § 1117 and/or 35 U.S.C. § 285;
9 J. That, because of the exceptional nature of this case resulting from
10 Defendant’s deliberate infringing actions, this Court award to HH all reasonable
11 attorneys’ fees, costs, and disbursements incurred as a result of this action,
12 pursuant to 15 U.S.C. § 1117 and/or 35 U.S.C. § 285;
13 K. That HH recover exemplary or punitive damages pursuant to
14 California Civil Code § 3294;
15 L. An Order for a trebling of damages to HH because of Defendant’s
16 willful patent infringement pursuant to 35 U.S.C. § 284;
17 M. An award of pre-judgment and post-judgment interest and costs of
18 this action against Defendant; and,
19 N. Such other and further relief as this Court may deem just and
20 proper.
22 Dated: September 21, 2018 By: /s/ Ali S. Razai
Paul A. Stewart
23 Ali S. Razai
Clayton R. Henson
24
Attorneys for Plaintiff
25 Holly Hunt Enterprises, Inc.
26
27
28
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1 DEMAND FOR JURY TRIAL

2 Plaintiff HH, Inc. hereby demands a trial by jury on all issues so triable.
4
5 Dated: September 21, 2018 By: /s/ Ali S. Razai
Paul A. Stewart
6 Ali S. Razai
Clayton R. Henson
7
Attorneys for Plaintiff
8 Holly Hunt Enterprises, Inc.
9
28864552
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Holly Hunt Enterprises v. Zeremski - Complaint

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Holly Hunt Enterprises v. Zeremski - Complaint

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Case 2:18-cv-08218 Document 1 Filed 09/21/18 Page 1 of 82 Page ID #:1

1 Paul A. Stewart (SBN 153,467)

1 Plaintiff Holly Hunt Enterprises, Inc. (“HH”) hereby complains of Neven

1 (“GAZELLE Trade Dress”). An example of an HH product bearing the

1 30. HH manufactures and sells products under the name Wyeth

1 Dress”). An example of an HH product bearing the distinctive PYRITE Trade

1 Dress”). An example of an HH product bearing the distinctive GOBLET Trade

1 41. HH manufactures and sells products under the name XY Bench

1 Dress”). An example of an HH product bearing the distinctive CACHALOT

1 example of an HH product bearing the distinctive MAJE Trade Dress is shown

1 CONSOLE Trade Dress”). An example of an HH product bearing the

1 94. Defendant’s acts complained of herein have caused HH to suffer

1 products having a design that would appear to an ordinary observer to be

1 products having a design that would appear to an ordinary observer to be

1 Henna Lounge Chair HH’s D824 Patent

1 107. Due to Defendant’s actions, constituting patent infringement, HH

1 Defendant’s Aspa Dining Table HH’s RING Trade Dress

1 Defendant’s Altair Dining Table HH’s PEREGRINE

1 Defendant’s Henna Lounge Chair HH’s FLEA Trade Dress

1 Defendant’s Hisano Lounge Chair HH’s HARLOW Trade Dress

1 Defendant’s Balbina Coffee Table HH’s LAREDO Trade Dress

1 Defendant’s Calli Side Table HH’s SPECTACLES Trade Dress

1 Defendant’s Como Side Table HH’s CHLOE Trade Dress

1 Defendant’s Calandra Side Table HH’s PORTIA Trade Dress

1 www.olivyastone.com, is shown below:

10 the development of secondary meaning in that trade dress, Defendant has

11 developed, manufactured, imported, advertised, and/or sold products that use

13 slavish copy of HH’s proprietary design. An example of Defendant’s infringing

14 use of the ONE Trade Dress, as found on Defendant’s website

15 www.olivyastone.com, is shown below:

16 Defendant’s Cervis Nightstand HH’s ONE Trade Dress

1 www.olivyastone.com, is shown below:

1 Defendant’s website www.olivyastone.com, is shown below:

1 Dress, but is a slavish copy of HH’s proprietary design. An example of

1 has developed, manufactured, imported, advertised, and/or sold products that

1 137. Subsequent to HH’s use and adoption of the ABSINTHE Trade

1 Defendant’s Eban Bench HH’s XY

1 LAMP Trade Dress, as found on Defendant’s website www.olivyastone.com, is

1 HADRIEN CHAIR Trade Dress, but is a slavish copy of HH’s proprietary

1 Defendant’s Accused Products HH’s REVE Trade Dress

1 Defendant’s Accused Products HH’s SHADOW Trade Dress

1 Defendant’s Himasa Lounge Chair HH’s JETT Trade Dress

1 Defendant’s Bessimo Coffee Table HH’s CACHALOT Trade Dress

1 Defendant’s Blase Coffee Table HH’s MAJE Trade Dress

1 Defendant’s Accused Products HH’s TRICE Trade Dress

1 has developed, manufactured, imported, advertised, and/or sold products that

1 Defendant’s Daphane Console HH’s BRIMSTONE Trade Dress

1 www.olivyastone.com, is shown below:

1 Defendant’s website www.olivyastone.com, is shown below:

1 Defendant’s Duro Credenza HH’s ANTIDOTE

1 Defendant’s Dirce Credenza HH’s LIEUTENANT Trade Dress

1 www.olivyastone.com, is shown below:

1 infringing use of the HURON Trade Dress, as found on Defendant’s website

1 developed, manufactured, imported, advertised, and/or sold products that use

1 proprietary design. Examples of Defendant’s infringing use of the HADRIEN

1 Defendant’s Dalia Credenza HH’s DE STIJL Trade Dress

1 Defendant’s Bianka Coffee Table HH’s FALLING WATER

1 Defendant’s Caprice Side Table HH’s LUGANO SIDE Trade Dress

1 THIRD CLAIM FOR RELIEF

1 193. HH is informed and believes that Defendant’s acts of false

1 A. An Order adjudging Defendant to have willfully infringed the

1 products shown above as infringing any of HH’s Trade

1 2. all damages sustained by HH as a result of Defendant’s acts

1 DEMAND FOR JURY TRIAL